UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption


I gave a tenant a 30 day notice to vacate. Notice was given on Jan. 7th. with a
provisions to pay prorated rent of 799.99. original period was 15th to 15th. I
did not receive any rent payment on the 15th. So I gave them a 3 day notice to
vacate. I am filing for eviction tomorrow. for Unpaid rent do I request the
prorated amount of 799.99 or the full month rent of 1100.00. The reason for
filing eviction is nonpayment, as well as other lease violations, like inside
dog that had puppies, intentionally damage to property due to puppies. I did
give the tenant notice of pet violation and to remove the puppies and to pay a
pet deposit, if the choose to keep the adult dog outside only. I have no lease
with the tenant, since I just bought the property and the tenant and previous
owner failed to execute not sighned by either party the written lease.

Asked on January 21, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Ask for all unpaid rent including the full rent for the last month: tenancies, even month-to-month tenancies created by oral (unwritten) leases are considered for a month at a time (rent is due by or before the 1st day of the month in advance for the whole month). Ask for the out-of-pocket (materials, contractors) cost to repair any damage done to the property--you cannot recover for your own time, however. You cannot get anything for the violation of having the puppies (though it would  provide an additional basis for eviction).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption